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Helping you fight a drunk driving charge
Being pulled over by the police is often an overwhelming event. For some motorists, it might be unclear why they were stopped; however, no matter the allegations, if a citation is issued, fines are likely to result. When drunk driving allegations are made, however, motorists could also face serious penalties. This charge is unlike other traffic violations and could result in the loss of a license, hefty fines and even jail time. Thus, it is important to understand the situation fully and what steps could be taken to avoid such consequences.
With many years of combined legal experience, Bucher Law Group, LLC, has seen its fair share of DUI cases. In fact, our law firm has helped countless past client successfully defeat drunk driving accusations. Our attorneys are dedicated to serving residents in the Delafield area, and our main focus is to serve the needs and goals of our clients.
When an individual is stopped, whether it is for a traffic violation or following an accident, it must be a valid police stop. Our skilled attorneys will not only look at the details of the stop but everything that took place during the stop. That means exploring the steps taking during a sobriety test, breath test and whether proper procedures were followed during a search and seizure and an arrest.
3 tips for fighting your OWI charge in Wisconsin
The State of Wisconsin takes drunk driving or driving under the influence of drugs very seriously. That can mean that charges put you at risk of strict punishments. Fortunately, you're an adult with a long history without criminal charges. You have a good job, and you have positive references. There are affirmative defenses to DUI or OWI charges, so you can continue with the clean reputation you've always had.
1. You were under duress
This is more common than you may think. When you drive under duress, you are driving in order to avoid death or a serious injury. For example, if a person holds a gun to your head and forces you to get behind the wheel, you're driving under duress. Another possibility is if you drive because you're being attacked and escape, or if you flee a location to avoid something dangerous happening there. It's a good idea to show why you were driving under duress and to show you drove as little as possible to escape the dangerous situation.
We advise clients facing drug charges in Delafield
People in Delafield who are facing drug charges should know that there may be legal options available to them to fight or otherwise deal with the allegations. The prosecution is required to prove beyond a reasonable doubt all of the elements of the crime alleged. And often there may be programs available to provide help instead of punishment for eligible defendants.
Not long ago we told you about Wisconsin's drug diversion program. Certain non-violent offenders are provided with substance abuse treatment and other services instead of jail time. This helps to get non-violent offenders the help they need and helps reduce the amount of space in jails taken up by non-violent offenders.
The attorneys of Bucher Law Group, LLC have over a century's worth of experience helping clients with their legal issues. This amount of experience means that we have developed a rapport with local judges, prosecutors and law enforcement. We can put these connections to work for you if it is advisable in your specific legal situation.
What are the elements of the crime of battery in Wisconsin?
Most people never anticipate having a brush with the law, so when they do, it can be hard to cope with. It sometimes feels as if things are going too far too fast and that an accused person might never have a chance to tell their side of the story regarding a criminal charge. Often, people facing assault charges or battery charges feel this way. This blog post will provide a quick summary of the crime of battery in Wisconsin.
If a person commits an act against another with the intent to cause bodily harm to that person or another person, the actor is guilty of a class A misdemeanor if they do cause bodily harm. If they cause substantial bodily harm, they will be guilty of a class I felony. If they cause great bodily harm, they will be guilty of a class H felony.
The above offenses all have one thing in common: The actor has the intent to cause bodily harm to another. What if the actor intends to cause great bodily harm to another instead of merely bodily harm? If the act does result in great bodily harm, the actor is guilty of a class E felony.
Woman faces charges for drug offenses after high-speed chase
Given the danger of drivers who are under the influence, Wisconsin law enforcement will take steps to try to reduce the number of drivers who get behind the wheel under the influence of alcohol or drugs by making traffic stops and, if necessary, making an arrest on a DUI charge. Drivers who are arrested on these charges need to understand the necessity of a strong criminal defense. Law enforcement officials know the signs of an impaired driver, but there are times when the circumstances of an arrest are unusual.
According to a recent report, a woman was placed under arrest on several charges after a police chase at speeds of 125 miles per hour. The chase went on for 24 miles. The incident began when a state trooper was conducting an investigation after stopping a different vehicle. The 52-year-old woman from Pennsylvania came close to hitting the trooper's vehicle when she stopped her car. She called the trooper over to her car and said that she was driving under the influence of drugs. He took her car keys without incident and went to call emergency personnel. The woman then took out a second set of keys, started the vehicle and fled.
Laws related to possession of drug paraphernalia in Wisconsin
Wisconsin residents who are arrested on charges related to drug paraphernalia should understand what they entail and the penalties that accompany a conviction. There are different levels related to this violation, including possession of drug paraphernalia, manufacture and delivery of drug paraphernalia and delivery of drug paraphernalia to a minor. They differ in terms of what the charges will be and the accompanying penalties. Anyone who has been placed under arrest for these charges should have a grasp of what they are confronted with.
With possession of these items, a person is not allowed to use or possess with the intention of using drug paraphernalia to plant, cultivate, grow or do anything else related to the ingestion or inhalation of a controlled substance. If there is a violation of this law, the conviction can result in a fine of up to $500, imprisonment for up to 30 days or both. If these charges are related to the production of methamphetamine or a substance that is an analog of methamphetamine, it will be a Class H felony. If a person is 18 years of age or older and commits the act with methamphetamine or its analog while in the presence of a child who is 14 or younger, the defendant will be charged with a Class G felony.
Man charged with drunk driving after fatal crash
Drivers in Delafield are undoubtedly aware that it is against the law to operate a vehicle under the influence of alcohol or drugs. Being stopped, arrested and charged with drunk driving can lead to various penalties. If there is an accident and the circumstances are of sufficient severity, there can be a charge of homicide. Those who are arrested for driving under the influence in any way need to make certain that they have a strong defense planned to avoid a conviction.
A man who was arrested after a crash in early January is now facing charges of homicide. This arrest was made after a head-on accident in which the man in the other vehicle died 10 days after the accident. The man who was arrested, who is 21-years-old, has been charged with two different forms of homicide by vehicle. When law enforcement officials investigated the accident, they allegedly discovered that the man smelled of alcohol. He was reportedly asked if he had been drinking and replied that he had. Since the man was injured, he was not able to take part in any field sobriety test.
Is drunk driving common after Green Bay Packer games?
The Green Bay Packers are an icon in the NFL. They've won multiple Super Bowls, and the Lombardi Trophy is even named after their groundbreaking coach. Legends like Brett Favre, Reggie White, and Bart Starr have all worn the team's jerseys, and the fan-base is so dedicated that the waiting list for season tickets is years long.
Suffice to say, football is king in Wisconsin. The Packers are well loved. Tailgating and going to home games is a tradition year in and year out, especially since QB Aaron Rodgers ensures that the team is always competitive - even if they did fall one game short of the Super Bowl this year.
Almost every other person is intoxicated after a big game!
One thing to remember about pro sporting events, though, is that they do increase the odds of drunk driving. Tens of thousands of fans pack the parking lots around the stadium. When they all leave, studies have found that 40 percent of them have consumed alcohol and 8 percent of them are legally drunk, with a BAC over 0.08.
Drunk driving penalties increased in Wisconsin at New Year
Drunk driving charges are unquestionably serious and carry serious penalties. The beginning of the New Year brought increased penalties for drunk driving in Wisconsin. Increased penalties for repeat drunk driving went into effect in Wisconsin with the New Year. Wisconsin is the only state, however, that treats a first drunk driving offense as a civil violation which the new law did not change. Under the new law, a fourth drunk driving offense will be considered a felony offense and can be punished by up to 6 years in prison.
In addition, the new law increases the maximum sentence for a fifth and sixth drunk driving offense from 3 years to 5 years; increases the maximum sentence for a seventh, eighth or ninth drunk driving offense from 5 years to 7 years and 6 months; and increases the maximum sentence for a tenth or additional drunk driving offense from 7 years and 6 months in prison to a decade behind bars.
Some advocates for harsher drunk driving laws in Wisconsin want to see further penalties associated with ignition interlock devices. Drunk driving accusations and charges can have a meaningful and negative impact on the life of the party facing them. There are a variety of potentially harsh penalties and negative consequences associated with drunk driving charges. As is always true of drunk driving charges or other criminal charges, the accused individual has the right to a criminal defense.
Three Wisconsin men receive commutation for drug charges
Facing drug charges can be a difficult time for a defendant. However, enduring the consequences of a drug crime conviction can be life-altering. On top of the penalties associated with the crime, such as prison time and fines, the accused endures personal and professional hardships while they are in prison and once they are released. Therefore, even if an individual in Wisconsin is convicted of a drug crime and is serving time, it is important to note that there are criminal defense options even after a conviction.
In the week prior to his departure from office, former President Obama issued more than 500 sentence commutations. Of those, five were issued to people convicted of drug crimes in the Western District of Wisconsin. Three of the men were charged with cocaine distribution, and for these drug distribution charges the men were originally sentenced to 20 or more years.
All three men had their sentences reduced to 11, 13 and a half and 12 years. None of these men were immediately released and all of their sentences would expire on January 17, 2019. Once released, all of the men would have to enroll in a residential drug treatment program.
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